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ScottyMacEsq, Attorney

Category: Legal

Satisfied Customers: 12566

Experience: Licensed Texas General Practice Attorney

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Am I fired if the owner tells me that I will not be cooking(

Resolved Question:

Am I fired if the owner tells me that I will not be cooking( I am the cook I have been there 7 months with no help for more then half the time) I will be doing the dishes because the person that they put in the kitchen to help is reacting to the chemials. and I told they that I reacted also but then they said she reacts more. And then they are restructing and she was a front office person. And I have my culinary Degree and safe food handling.

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ScottyMacEsq :

Are you having a change in your pay?

ScottyMacEsq :

(as part of this restructuring)?

Customer:

I was told about pay but they were trying to say that the hours are going to be different but that would mean I would not be there to cook the food.

Customer:

I was not told (sorry

ScottyMacEsq :

I understand. But would your pay change?

Customer:

I was not told (sorry

ScottyMacEsq :

Oh, I see.

ScottyMacEsq :

First of all, you're not "fired".

ScottyMacEsq :

Fired means termination from employment.

ScottyMacEsq :

The employer can change your position (promotion / demotion) without that being a termination.

ScottyMacEsq :

Even a manager could get demoted to a bus boy, and it would not be a "termination".

ScottyMacEsq :

But if you were to quit, that could be a voluntary quitting attributable to the employer, and if that were the case, it would allow you to be eligible for unemployment benefits.

Customer:

Can they change hours and pay to

ScottyMacEsq :

Generally, a reduction in hours or a reduction in pay generally does not qualify as good cause to quit a job and receive full unemployment benefits. Other reasons that do not qualify as good cause include personal conflicts with your boss or leaving to become self-employed .If you haven't already quit your job, and your hours or your pay were reduced, you may qualify for partial unemployment benefits. Like full unemployment benefits, eligibility varies by state. In Florida, for instance, workers can qualify for partial unemployment benefits if they had been working full time and then their hours were "significantly reduced." What constitutes a significant reduction depends on the facts and circumstances of each case; the Legal Aid Society of the Orange County Bar Association suggests that a 25 percent reduction in hours would probably be considered substantial.

ScottyMacEsq :

Now as for tasks outside of job description, that's also somewhat difficult.

Customer:

so if i was working 7 hours a day and was now going to be 4

ScottyMacEsq :

A complete job change (not voluntary on your part) probably would allow for good cause.

ScottyMacEsq :

That would allow for partial unemployment benefits if it was merely a reduction of hours.

Customer:

"voluntary quitting attributable to the employer" what does this mean

ScottyMacEsq :

Typically if you quit you're not eligible for unemployment. But if the reason that you quit was not your own personal decision, but because of something that the employer did that would cause any reasonable person to quit in those circumstances, then you could still get unemployment.

Customer:

Do I have a reasonable reason?

ScottyMacEsq :

(I wish I could give you better odds than that, but I have no idea what the unemployment referees would ultimately decide)

Customer:

What if they had me sign papers for a food program and it was for nov. and dec. 2012 and they did not what me to date it (was on 1/30/2013)

ScottyMacEsq :

I don't understand what you mean by that. What is this food program? Why would that be relevant in this situation?

Customer:

It is how the get money for the food it's a daycare by the federal gov. I have never sign one before but they said it was something that you have to sign every month but I never have before.

Customer:

Sorry about the spelling

ScottyMacEsq :

I still don't see how that would be relevant in this situation... What are you specifically asking about? Are you asking if this would give you a reason to quit?

Customer:

yes

ScottyMacEsq :

But why would that be a reason for you to quit?

Customer:

signing something that I am told not to date so they can put they own date on it.

ScottyMacEsq :

That's probably not good cause in and of itself, although it you could prove that that was to defraud the government, and you refused to do so, then that probably would be for good cause.

Customer:

Even if I feel that they gave my job to some one else that is not as qualified?

ScottyMacEsq :

Even if they were more qualified, you could still have an unemployment claim.

Customer:

So did i tell they that I feel that fired me or say quit

ScottyMacEsq :

"did i tell they"? Do you mean to ask "should I tell them"?

Customer:

yes sorry about that I cant type when I am upset

ScottyMacEsq :

But you're quitting, plain and simple.

ScottyMacEsq :

It doesn't matter that you "feel" that you're fired. You can say that based upon their actions towards you, it's a constructive termination and that you are quitting your employment with them do to their actions in materially changing your responsibilities, hours and pay (if applicable).

ScottyMacEsq :

It that does not depend on what you tell the employer.

ScottyMacEsq :

*And that does not depend...

ScottyMacEsq :

The only question is whether you quit for good cause attributable to the employer.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~40 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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